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46 U.S.C. § 56303Compensation

submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 194 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law requires the Secretary of Transportation to pay fair, just compensation for any vessel taken under this chapter, as soon as practical. The value cannot be boosted just because of the emergency, and special rules apply if the government already paid a construction subsidy for the vessel.

(a) In General. The Secretary of Transportation must figure out and pay fair, just compensation for a vessel requisitioned under this chapter, as soon as practically possible. (b) Factors Not Affecting Value. The vessel's value cannot be considered higher just because of the circumstances that led to the requisition. The government also does not have to pay for any indirect (consequential) damages caused by the requisition. (c) Effect of Construction-Differential Subsidy. (1) If the government already paid a construction subsidy for the vessel, its value at the time of requisition must be figured out under a specific rule in the Merchant Marine Act, 1936. (2) If no construction subsidy was paid, the value of any national-defense features the government previously paid for must be left out of the valuation. (d) Loss or Damage During Charter. If a vessel is lost or damaged by a risk the government agreed to cover under the charter, and no value or payment method was agreed on ahead of time, the Secretary must pay fair compensation for the loss or damage — to the extent the owner isn't already covered by insurance.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

As soon as practicable, the Secretary of Transportation shall determine and pay just compensation for a vessel requisitioned under this chapter.

(b)Factors Not Affecting Value.—

The value of a vessel may not be considered enhanced by the circumstances requiring its requisition. Consequential damages arising from the requisition may not be paid.

(c)Effect of Construction-Differential Subsidy.—
(1)If paid.—

If a construction-differential subsidy has been paid for the vessel, the value of the vessel at the time of requisition shall be determined under section 802 of the Merchant Marine Act, 1936.

(2)If not paid.—

If a construction-differential subsidy has not been paid for the vessel, the value of any national defense features previously paid for by the United States Government shall be excluded.

(d)Loss or Damage During Charter.—

If a vessel is lost or damaged by a risk assumed by the Government under the charter, but a valuation for the vessel or a means of compensation has not been agreed to, the Secretary shall pay just compensation for the loss or damage, to the extent the person is not reimbursed through insurance.

Source credit: (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1655.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-304 · 120 Stat. 1655

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.

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